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Which of the following best describes the place of the doctrine of natural law in the Australian legal system? (A) It is used by courts to overturn statutes - HSC - SSCE Legal Studies - Question 13 - 2004 - Paper 1
Question 13
Which of the following best describes the place of the doctrine of natural law in the Australian legal system? (A) It is used by courts to overturn statutes. (B) I... show full transcript
Worked Solution & Example Answer:Which of the following best describes the place of the doctrine of natural law in the Australian legal system? (A) It is used by courts to overturn statutes - HSC - SSCE Legal Studies - Question 13 - 2004 - Paper 1
Step 1
It is used by the courts as the basis for the interpretation of statutes.
Answer
The doctrine of natural law plays a significant role in the interpretation of statutes within the Australian legal system. Courts often rely on natural law principles to guide their reasoning and ensure that the application of the law aligns with ethical considerations. This approach helps judges contextualize legislation and consider the underlying moral imperatives that inform the law, thereby ensuring justice and fairness in legal proceedings.